Employment Law

EMPLOYMENT LAW: Discrimination

Federal laws prohibit discrimination in the workplace.  One may be discriminated base on their race, nation of origin, religion, gender, disability, or age. Discrimination in the workplace includes hiring and firing of an employee based on any of the above traits, instead of performance. At Doustkam & Associates we understand the complexities surrounding discrimination; if you feel that you have been treated unfairly in the work place call to speak with an attorney to examine you claim.

In the case of discrimination, what matters most is the motive. If you believe that you have been treated with prejudice it is important to ask yourself: why?  For example, if a woman is doing her job well and excels in every area and happens to be pregnant, but her employer is reducing her hours for seemingly no reason, she may have a discrimination case. 

In order to prove discrimination, the employee must be a member of the protected classes listed above and have suffered from an “adverse employment action.” An adverse employment action can be described as any action relating to someone’s job that is not positive. This includes hiring, firing, reprimanding, harassment, changing job title, job description, hours, pay, vacations, harassment, etc. An employer may give a legitimate reason for the adverse employment action, however the employee may prove that the “legitimate reason” is only a disguise for the motive. It is vital to have an attorney that you trust who will fight for you and work diligently to establish motive.

Next, the employee must proof the allegation. For example, if a female is not given a promotion, this adverse employment action is not enough; she must also show that her employer believes women are inferior. If she could show that he made derogatory remarks about women, this would be enough to move forward with a discrimination claim.

First, an employee must file a discrimination charge with Equal Employment Opportunity Commission (EEOC) within 180 days of the alleged discriminatory incident. After the discrimination charge is filed with the EEOC, the employee who has been discriminated against is given the right to sue 90 days after receiving a “right to sue” notice from the EEOC.

If you have been discriminated against, you may be entitled to restitution, damages, back pay, and other remedies that may help make the employee “whole.” You do not accept prejudice in the workplace, if you would like a free consultation call Doustkam & Associates to explore your options.

Resources:

EEOC [Link http://www.eeoc.gov/]

Disability Info [Link http://www.disability.gov/]

Federal Equal Opportunity Laws [link http://www.eeoc.gov/laws/statutes/index.cfm]

Office for Civil Rights [link http://www.ed.gov/about/offices/list/ocr/disabilityresources.html]

Civil Rights Division [link http://www.justice.gov/crt/]

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EMPLOYMENT LAW: Wage/Hour 

Federal laws partnered with California laws have set strict wage standards to ensure that every worker in the U.S. receives minimum wage, along with appropriate overtime pay. The current national minimum wage is $7.25 per hour, however this amount may be higher depending on the county you work in. If your employer refuses to pay you the designated minimum wage in your area (Los Angeles minimum wage is $8.00 per hour), contact the attorneys at Doustkam & Associates. You are entitled to your wages and have the right to take legal action to retrieve it.

All employees have the right to overtime pay. All non-exempt employees are entitled to 1.5 times the regular rate of pay for any hours worked over eight hours per day, 40 hours per week, and on the seventh day of a given work week. Employees are either exempt or non-exempt. Non-exempt employees are entitled to overtime pay, while exempt employees are not entitled to overtime pay. Typically, employees who make more than $100,000 annually are exempt, while employees who make less than $23,600 annually are usually non-exempt. It is important to know whether you are an exempt or non-exempt employee, especially since employees can easily be classified in the wrong category. If you are having a wage or overtime discrepancy, it is vital to have an experienced attorney who will explore all facets of your case.

Employees who work at a commission-based job often have trouble collecting commissions.  Even if an employee receives commission, they still must be paid at least the applicable minimum wage.  It is typically illegal to withhold commissions during the probationary period as well as after termination. At Doustkam & Associates we have experiences helping clients retrieve commissions owed. If you are unsure if you are being fairly, be sure to maintain all valid pay stubs, receipts, etc. and call one of our attorneys to learn if you have not been paid honestly.

Resources:

Wage and Hour Division [link http://www.dol.gov/whd/]

Bureau of Labor Statistics [link http://www.bls.gov/]

Uniformed Services Employment and Reempoloyment Rights Act [link http://www.dol.gov/elaws/userra.htm]

Minimum Wage [link http://www.dol.gov/dol/topic/wages/minimumwage.htm]